Brian Stanley has accused members of Sinn Fein of orchestrating a “character assassination” against him as he said matters should have been referred to gardaí “some time” ago.
A complaint was made against Mr Stanley at the end of July or early August by a long-standing member of the party.
A panel made up of two senior party members and a barrister, who is also a Sinn Fein member, was set up under the party’s internal disciplinary processes to investigate the complaint, party leader Mary Lou McDonald said.
It made preliminary filings at the start of this month and invited statements or corrections before the final document was prepared.
Mr Stanley, who has been a TD for Laois-Offaly since 2011 and chairman of the Oireachtas Public Accounts Committee, announced his resignation from Sinn Féin on Saturday, likening the internal disciplinary process to a kangaroo court.
Sinn Féin then referred the initial complaint, and a “serious” counter-allegation that arose during the procedure, to gardaí on Sunday.
On Monday, Ms McDonald and Mr Stanley both said the original complaint was not of a criminal nature.
She said: “Had the initial complaint been of a criminal nature, it would have gone straight to An Garda Siochana.”
Asked why the matter had since been referred to gardaí, Ms McDonald said: “I want to be clear here: I am not in a position to say whether or not the complaint or the counter-allegation meet the standard for criminal investigation. That’s not my job.
“But I am far happier that the complaint and the counter-allegation are now in the hands of the gardaí and they can do what they deem to be appropriate.”
Also on Monday, Mr Stanley welcomed the referral of the investigation to gardaí, saying: “This has been advocated by me for some time.”
He added that he believed the matter should have been referred to gardai after he and his legal representative brought “certain serious matters” to the attention of the investigatory panel on September 11.
Mr Stanley said his rights were not protected during the process and that the timing of the complaint prevented him of “having any hope” of contesting the next general election as a Sinn Féin candidate for Laois.
He said: “The information had been deliberately kept from me that there was a complaint or the nature of it. An ‘omerto’ (sic) was in place.
“One middle-ranking party member instructed other members that I was not to be informed of its existence.”
Mr Stanley, who rejects the initial complaint, also presented an alternative timeline of events than the party leader.
Ms McDonald said the complaint was made by statement to the party on August 2 and that she had been made aware of the existence of the complaint around the same time.
However, Mr Stanley disputes this and said the original complaint was made on July 26th – adding that he told Ms McDonald of its existence on July 29th.
He said he had to get his solicitor to write to the party on July 31 to learn about the nature of the complaint.
“In the intervening period from July 26, the process of character assassination was well under way by a certain party clique and has continued unabated since then.
“These facts and others mean that there has been a significant abuse of process and when it was brought to the attention of the Sinn Féin panel, it was simply brushed aside.”
Speaking on RTE radio Monday, Ms McDonald said she had not become aware of the specifics of the complaint until after Mr Stanley resigned, claiming the whole investigatory process had been at “arm’s length to the party”.
“I make no apology to anybody for the fair, impartial observance of the rules and standards of the party,” she said.
Both parties to the complaint were originally due to come back for comment on a preliminary draft on Monday morning but Mr Stanley resigned in the interim.
She said she was directly involved in the decision to refer the complaint and counter-allegation to gardai.
Ms McDonald said: “The referral to An Garda Siochana was made in an abundance of caution, because I was not happy, nor would I be happy, with the party left with a serious complaint and a serious counter-allegation.”
She added: “A process has been cut short by Deputy Stanley walking away and I want matters concluded.”
Ms McDonald said the preliminary conclusions of a party investigation into the matter had made no final findings or recommendations, including whether or not the matter should be referred to gardaí.
“I am very much in charge of this party and, as the person with whom the buck does stop, I am absolutely insistent that rules and procedures are applied rigorously.”
